Real-Time Court Decisions and Other Developments in Asbestos Litigation.
On December 22, 2023, New York Gov. Kathy Hochul vetoed Senate Bill S7476, which provided that a foreign corporation’s application for authority to do business in New York constitutes consent to jurisdiction of New York courts. According to the New York Senate, the purpose of the bill was to allow New York residents to sue … Continued
Court: United States District Court for the District of Massachusetts Plaintiffs Robert and Judith Gillis of Massachusetts filed this action against numerous defendants in Massachusetts state court, alleging the defendants caused Robert Gillis to be exposed to asbestos and to, thereafter, develop mesothelioma. Defendant John Crane Inc. filed a notice of removal with the United … Continued
Court: Supreme Court of New York, New York County Plaintiffs Michele Stuck and Jack Bannister, individually and as executors of the estate of Penelope Rigsby, brought an action against countless cosmetic manufacturers, including BATUS Holding Inc. Plaintiffs sued BATUS individually and as successor-in-interest to British American Cosmetics, Yardley Co., and Yardley of London Inc. On the other … Continued
Court: Supreme Court of New York, New York County Defendant Steel Grip Inc. (SGI) filed a renewed motion to dismiss following the completion of jurisdictional discovery on the basis that it lacked any connection to the State of New York. In order to find personal jurisdiction, a court must determine whether general or specific jurisdiction … Continued
U.S. District Court for the Southern District of California In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980 into the mid-1990s. Several defendants moved to dismiss certain claims in the plaintiffs’ complaint, as well as moved to dismiss the plaintiffs’ complaint in … Continued
Court: Supreme Court of the United States The U.S. Supreme Court issued a long-awaited decision June 27 on personal jurisdiction in the Robert Mallory case, holding that consent-by-registration statutes do not violate the Due Process Clause of the Fourteenth Amendment. The case arose out of a Pennsylvania state court asbestos case. The plaintiff Robert Mallory worked for the … Continued
Court of Appeal of Florida, Fourth District The plaintiffs, John and Joanne Fleemin, filed the instant products liability lawsuit against numerous defendants, including Lornamead, Inc., a Delaware corporation with its principal place of business in New York. The plaintiffs alleged that Joanne developed mesothelioma as a result of her exposure to asbestos-containing cosmetic talcum powder … Continued
Court: Supreme Court of New York, Appellate Division, First Department Plaintiff Ralph Vavala alleged his lung cancer diagnosis arose from alleged exposure to asbestos from a variety of products, including valves manufactured by the defendant, Jenkins Bros., during his employment as a steamfitter and welder from the 1960s through the 1980s. Upon commencement of the … Continued
Court: United States District Court for the Eastern District of North Carolina, Western Division Plaintiffs William Weaver and Judy Weaver filed suit, claiming that William Weaver was exposed to the defendants’ asbestos-containing products while employed as a railway yard worker from approximately 1966 to 1977. One of the defendants, Eaton Hydraulics LLC f/k/a Eaton Hydraulics … Continued
Supreme Court of New York, Appellate Division, First Department, November 2, 2022 In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent Giacinto Pira’s alleged asbestos exposure, which allegedly contributed to his mesothelioma diagnosis. At his discovery deposition, Pira testified that his employer purchased … Continued